Coca-Cola Bottling Co. of Fort Worth v. Burgess

SPEER, Justice.

Plaintiff T. J. Burgess sued defendant Coca-Cola Bottling Company, a corporation, for damages alleged to have been sustained by reason of a dead and partially decomposed mouse being present in a bottle of Coca-Cola .manufactured by defendant, and procured by plaintiff, from which he drank a portion of the beverage before discovering the carcass of the rodent in the bottle.

The trial petition sets out a cause of action against defendant based upon the implied warranty by defendant to plaintiff and the public in general, that the contents of the bottle was clean, wholesome and fit…